‘One can’t understand this’: SC had to set aside this HC judgment purely for its EnglishThe apex court’s observation was, however, was not recorded in written.
Believe it or not, the Supreme Court today had to set aside a Himachal Pradesh High Court’s order because of the English written in the judgement copy of a nearly three-decade-old case.
A bench of justices MB Lokur and Deepak Gupta set aside the verdict after they failed to understand the language. Even the lawyers from both the sides failed to assist the judges to understand the High Court’s verdict.
“We will have to set it aside because one cannot understand this,” the bench said and sent it back to the High Court for redrafting of the copy.
The apex court’s observation was, however, was not recorded in written.
Given below are paragraphs that are part of the judgement copy:
“(The)…tenant in the demised premises stands aggrieved by the pronouncement made by the learned Executing Court upon his objections constituted therebefore…wherewithin the apposite unfoldments qua his resistance to the execution of the decree stood discountenanced by the learned Executing Court
“However, the learned counsel…cannot derive the fullest succour from the aforesaid acquiesence… given its sinew suffering partial dissipation from an imminent display occurring in the impunged pronouncement hereat wherewithin unravelments are held qua the rendition recorded by the learned Rent Controller…”
About the case
The dispute started in November 1999 when a landlord moved to a local court seeking eviction of his tenant on the ground of non-payment of rent. In 2011, the landlord got a warrant of possession. But the High Court stayed the lower court’s order and the tenant continued with the possession.
In December 2016, the High Court set aside the eviction order holding that the rent amount was received by the landlord – who then moved the Supreme Court.
Meanwhile, the judgment has been sent back to the High Court for re-drafting.